TOWN OF HAYDEN

PERSONNEL POLICY

TOWN OF HAYDEN 601 HAYDEN AVE. HAYDEN, AZ 85135

TOWN OF HAYDEN
PERSONNEL POLICY
Town Of Hayden

PersonnelPolicy

Effective Date April 15,1996

TOWN OF HAYDEN
PERSONNEL POLICY TOWN OF HAYDEN
PERSONNEL POLICY

TABLE OF CONTENTS
RULEI: RULE II RULE III RULE IV RULE V RULE VI RULEVII RULE VIII RULE IX RULE X RULE XI RULE XII RULE XIII RULE XIV RULE XV RULE XVI RULE XVII RULE XVIII RULE XIX RULE XX RULE XXI RULE XXII RULE XXIII RULE XXIV RULE XXV DEFINITIONS OF TERMS GENERAL PROVISIONS CONDITIONS OF EMPLOYMENT APPLICATIONS AND APPLICANTS METHOD OF FILLING VACANCIES PROBATIONARY PERIOD PROBATIONARY METHOD DISCIPLINE COMPENSATION PAY ADJUSTMENTS OVERTIME INSURANCE RETIREMENT PLAN PROMOTION, DEMOTION AND SUSPENSION SEPARATION FROM THE SERVICE GRIEVANCE PROCEDURE TRAINING OF EMPLOYEES REPORTS AND RECORDS AFFIRMATIVE ACTION DRUG-FREE WORK PLACE CALL-OUT SEXUAL HARASSMENT CONFLICT OF INTEREST CODE OF ETHICS 504/ADA EMPLOYMENT POLICY

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PERSONNEL POLICY
RULE 1. DEFINITION OF TERMS The following terms, whenever used in these rules, shall be defined as follows: SECTION 1 SECTION 2 SECTION 3 SECTION 4. SECTION 5. SECTION 6. SECTION 7. Allocation': The assignment of a specific position of the duties performed and responsibilities exercised. Anniversary Date: The date upon which a step advance in vacation and sick leave becomes effective or takes place under the provisions of these rules and regulations. Appointment: The offer to a person, and the acceptance of a position authorized by the appointing power. Appointing Power: The appointing power will be the Mayor and Town Council. Board Contact: The Council Member appointed and assigned by the Mayor to a particular department of the Town as an employees' contact. Demotion: The movement of an employee to a lower maximum rate of pay. Department Head: Those officers or employees who are appointed or employed as the principal employee of a department for the discharge of duties provided by law or of particular delegated functions. Eligible': A qualified person whose name is on the employment list. 'Employees: All persons employed by the Town.

SECTION 8. SECTION 9.

SECTION 10. Employment List: A list of names of persons who have applied for employment and have qualified for consideration by demonstrating their fitness for such employment. SECTION 11. Merit Increase: A salary increase granted on the basis of meritorious service within the limits of a pay range. SECTION 12. Overtime Work: Those hours of work in excess of 40 hours per week for those employees who normally work 40 hours per week. SECTION 13. "Part-Time Employees: An employee hired on a basis of less than eight hours per day/or less than 40 hours per week. SECTION 14. Pay Periods": An established pay system and set date for which paydays are scheduled. SECTION 15. Permanent Employees: An employee who has successfully completed his probationary period and has been retained as hereafter provided in these rules. SECTION 16. Personnel Resolution: Resolution No. 594 which creates a personnel system for the Town of Hayden. SECTION 17. Positions: An aggregation of tasks and responsibilities requiring the service of one individual. SECTION 18. Probationary Period: A working test period during which an employee is required to

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PERSONNEL POLICY
demonstrate his fitness for the duties to which they are appointed by actual performance of the duties of the position. SECTION 19. Promotion: The movement of an employee from one position to another position having a higher maximum rate of pay. SECTION 20. Provisional Appointment: An appointment of a person who possesses the minimum qualifications and who has been appointed to a position subject to successful completion of the probationary period. SECTION 21. Reinstatement: The re-employment of a former permanent or probationary employee. SECTION 22. Salary Advancement: A salary advancement based upon time earned. SECTION 23. Sick Leave: Time off with pay granted by the Town to permanent employees in the event of illness. SECTION 24. Suspension: The temporary separation from the service of an employee without pay, for disciplinary purposes. SECTION 25. Termination: The separation of an employee from the Town service by any means other than lay-off or retirement whether it be voluntary or involuntary.

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RULE II. GENERAL PROVISIONS SECTION I. Fair Employment: No questions in any test, or in any application from, or by the Town Council, shall be so framed as to attempt to elicit information concerning race, color, ancestry, sex, age, handicap, familial status, national or political or religious opinions or affiliations of an applicant. No appointment to or removal from a position in the competitive service shall be affected or influenced in any manner by a consideration of race, color, ancestry, sex, age, handicap, familial status, national political or religious opinion or affiliation. Violations of Rules: Violation of the provisions of these rules shall be grounds for suspension, demotion, or dismissal. Amendment and Revision of Rules: Proposed amendments and revisions to these rules may be suggested to the Town Council through the Town Clerk by an interested person. The Council may, by resolution, change or modify these rules as may, from time to time, be necessary. Amendments and revisions to these rules shall become effective upon adoption of an appropriate resolution by the Town Council.

SECTION 2. SECTION 3:

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PERSONNEL POLICY
RULE III. CONDITIONS OF EMPLOYMENT SECTION I. Political Activity Prohibited: Employees are prohibited from engaging in any partisan political activity beyond the private expression of personal opinion, registering as a member of a political party, the signing of nominating, initiative, referendum or recall petitions, and voting in any special, primary, or general election. Employees are also prohibited from engaging in any political activity relating to any municipal election, or taking any part in municipal political issues, beyond the nominating, initiative, referendum or recall petitions, and voting in any special, primary or general election. Violations of Rules: Violation of the provisions of these rules shall be grounds for suspension, demotion, or dismissal. Solicitation of Political Support Prohibited: No elected or appointed officer or employee of the Town shall solicit any contribution in cash or services from any Town employee to support any candidate for public office. Physical Examination: A physical examination will be required, post job offer, at a clinic designated by the Town, at the Town's expense.

SECTION 2. SECTION 3.

SECTION 4.

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PERSONNEL POLICY
RULE IV. APPLICATIONS AND APPLICANTS SECTION I. Announcement: All positions available shall be publicized by publishing an advertisement in a newspaper of local circulation, and by posting announcements in the Town Hall, on official bulletin boards, listed with the local Department of Economic Security Job Services office and by such other methods as the Town Clerk deems advisable. The announcements shall specify the title and pay of the position and the nature of the work to be performed, preparation desirable for the performance of the work, the manner of making applications, and other pertinent information and shall include the statement that the Town of Hayden is an equal opportunity employer. Application Forms: Application shall be made as prescribed on the position announcements. Application forms shall require information covering training, experience, and other pertinent information. All applications must be signed by the person submitting the applications. Disqualification: The Town may reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications shall be rejected if the applicant is physically unfit for the performance of duties of the position to which he seeks appointment, is addicted to the habitual excessive use of drugs or intoxicating liquor, has been convicted of a crime involving moral turpitude; has made false statement of any material fact, or practiced any deception or fraud in his application. When an application is rejected for cause, notice of such rejection with statement of reason shall be mailed to the applicant by the Town. Incomplete or unresponsive applications may be returned to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired.

SECTION 2.

SECTION 3.

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PERSONNEL POLICY
RULE V. METHOD OF FILLING VACANCIES SECTION I. Types of Appointments: All vacancies shall be filled by demotion, lateral, promotion, reemployment, or from eligibles approved by the Town Council from an appropriate employment list, if available. In the absence of persons eligible for appointment in these ways, provisional appointments may be made. Provisional Appointment: In the absence of there being an individual on appropriate employment lists, who is willing to accept appointment, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the permanent position. Employment Lists: The Town Council shall keep available an employment list consisting of the names of candidates who are qualified for employment and who have submitted an application for employment and/or resume to the Town. Duration of Lists: Employment lists shall remain in effect for one year unless sooner exhausted, and may be extended, prior to their expiration dates by action of the Town Council for additional periods, but in no event shall an employment list remain in effect for more than two years. Removal of Names from List: The name of any person appearing on an employment or promotional list shall be removed by the Town Council if the eligible person requests in writing that their name be removed or if the person fails to respond to a notice of certification mailed to their last known address. The names of persons on promotional employment lists who resign from the service shall automatically be dropped from such lists.

SECTION 2.

SECTION 3.

SECTION 4.

SECTION 5.

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PERSONNEL POLICY
RULE VI. PROBATIONARY PERIOD SECTION I. Regular Appointment Following Probationary Period: All original and promotional appointments shall be tentative and subject to a probationary period of not less than three months actual service. The Town Council may establish a longer probationary period for a specified job. Objective of Probationary Period: The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to the position. Dismissal During Probationary Period: During the probationary period following an original appointment, an employee may be dismissed at any time by the appointing power without the right of appeal. During the probationary period following any promotion, an employee may be demoted to his or her previous position without the right of appeal. Notification in writing shall be forwarded to the probationary employee and a copy filed in his or her file.

SECTION 2.

SECTION 3.

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PERSONNEL POLICY
RULE VII. ATTENDANCE AND LEAVES SECTION 1. Attendance: Employees shall be in attendance at their work eight hours a day, Monday through Friday except for those who perform emergency duties or those whose normal duties would require the working hours different from those stated above at the discretion of the Town Council. Police Department personnel shall be scheduled by the supervisor to ensure continuance protective coverage ensuring staffing seven days per week on three shifts. All departments shall keep daily attendance records of employees, which shall be reported to the Town Clerk in the form and on the dates he/she shall specify. Failure on the part of any employee, absent without leave to return to duty within 2 working days after written notice to return has been sent to his last known address, shall be cause for immediate discharge, and such employee automatically waives all appeal rights under these rules. All supervisory or salaried officials, including but not limited to the Town Clerk, General Superintendent, Police Chief and Librarian, shall work the number of hours per day and number of days per week required by the nature of their particular duties without any additional compensation. The minimum hours shall be eight hours per day, five days per week. SECTION 2. Annual Vacation Leave: All employees shall be entitled to annual vacation leave with pay except the following. A. Employees who have less than three months of service with the Town. However, vacation credits for the time may be granted to each such employee who later receives a permanent appointment. Employees who work on a provisional or volunteer basis and all employees who work less than I ,040 hours a year.

B.

Upon completion of one full year of service, each eligible employee shall be credited five (5) working days of vacation, however, those employees who have less than one full year of eligible service shall be credited a prorated portion. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave. Employees who have satisfactorily completed three months probation and who terminate employment shall be paid in a lump sum of accrued vacation leave earned prior to the effective date of termination. Employees who terminate prior to the three month probationary period shall forfeit paid vacation. The annual vacation leave policy is as follows: 1 year - 5 years 6 years 7 years 8 years 9 years I0 - 15 years 16-20 years 21 years - indefinite = = = = = = = = 5 working days 6 working days 7 working days 8 working days 9 working days 15 working days 20 working days 25 working days

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SECTION 3. Sick Leave: Sick leave with pay shall be granted to all permanent employees of the Town. Sick leave shall not be considered as a right which employees may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability. Employees who become ill or are injured are entitled to sick leave with full pay depending on the employee's eligible number of sick days available to that employee. Full-time permanent employee's accrue sick leave at the rate of one (1) day per calendar month up to maximum if thirty (30) days. Sick leave is a privilege granted by the town so that an illness or injury will not impose a great financial hardship on employees. It is not a form of additional vacation leave, and will not be paid in cash upon separation. Misuse of sick leave is cause for disciplinary action as provided in Rule VIII of these regulations. The Department Head may investigate the use of sick leave. Employees who have exhausted their sick leave may substitute their accumulated vacation leave upon permission of the Department Head. In order to receive compensation while absent on sick leave, employees shall notify the Department Head and/or the Town Clerk prior to or within one hour after the time set for beginning their daily duties. When absence is for more than three (3) days, the employee shall be required to file a physician's certificate with the Town Clerk stating the cause of the absence. Sick leave may be taken in cases where an employee's presence is required elsewhere because of sickness or disability or death to a member of the employee's immediate family. The immediate family shall consist of the spouse, children, parents, brother, sister, grandparent and in-laws. (Also see Section 9 of this Rule.) A relative who, because of family circumstances, has been a parent substitute to the employee may be considered as a substitute for mother or father in this definition. In each case, the Department Head shall grant leave only when, in the opinion of the Department Head, the relationship of the sick or disabled person to the employee, warrants such use of sick leave. Any case in which a permanent employee has been denied sick leave, the Department Head will document the reasons for the decision and provide the documentation to the Town Clerk who will then insert the documentation in the employee's personnel file. An employee receiving temporary disability payments under the Workmen's Compensation Laws may use accumulated sick leave in order to continue to maintain regular income. However, all employees receiving full salaries in lieu of temporary disability must repay any amount equal to any funds received under Workmen's Compensation to the Town. The purpose of this regulation is to ensure that an employee does not suffer any economic hardship as result of work-related injury; however, the employee should not make financial gain as a result of injury. SECTION 4. Military Leave: Military leave shall be granted in accordance with the provisions of State Law. All employee's entitled to military leave shall give their supervisors an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Leave of Absence Without Pay: The Council may grant a permanent employee a maximum leave of absent without pay for no more than Thirty (30) Days. Request must be made in written form, setting forth the reason for the Leave-of-Absence and the amount of time-off required. The Town shall respond in written form in a timely manner. The permanent employee may

SECTION 5.

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PERSONNEL POLICY
request additional time off which may be granted upon written request. Failure on the part of the employee to report promptly upon expiration of leave, to the Town Clerk or their Supervisor, may be caused for discharge. Leave of Absence Without Pay will not be granted under any circumstances to seek other employment. SECTION 6. Family and Medical Leave Act: As a public agency, Town employees are covered by the Family and Medical Leave Act (FMLA). An employee who is eligible for FMLA leave is an employee who: has been employed by the Town for at least 12 months has worked at least 1,250 hours during the 12 month period immediately preceding the leave The 12 months an employee must have been employed by the Town need not be consecutive The determination of whether an employee has worked at least I ,250 hours in the past 12 months and has been employed for at least 12 months must be made as of the date leave commences The right to take leave under FMLA applies equally to male and female employees. Leave must be granted to eligible employees for the following for the birth of a child in order to care for the child for the placement of a child with the employee for adoption or foster care to care for the employee's spouse, child or parent with a serious health condition because of a serious health condition that makes the employee unable to perform the essential functions of his or her job

Where adoption or foster care placement are involved, FMLA leave can begin before the actual placement or adoption of the child if an absence from work is required for the adoption or foster care placement to proceed (e.g., court appearances, counseling sessions, physical examinations). Foster care means 24-hour care for a child in substitution for, and away from, his or her parents or guardian. Although a relative of the child may provide foster care, state action is involved in removing the child from his or her parental custody. Where leave is provided to care for a spouse, child or parent with a serious health condition, parent means a biological parent or an individual who stood in loco parentis to the permanent employee when the employee was a child. The term does not include 'in-laws'. Children of the employee include biological, adopted or foster children, stepchildren, legal wards or children of a person standing in loco parentis. who are either under age 18, or age 18 or older and 'incapable of self-care because of a mental or physical disability.' A serious health condition is an illness, injury, impairment or physical or mental condition that involves at least one of the following: (I) inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility, (2) an absence from wont, school or other regular daily activities of more than three calendar days, which involves continuing treatment by a health care provided (3) continuing treatment by a health care provider for a chronic or longterm health condition that is incurable or so serious that if not treated would likely result in a period of incapacity of more than three days; or (4) continuing treatment by a health care provider for prenatal care. Voluntary or cosmetic treatments (e.g., most treatments for orthodontia and acne) that are not medically necessary are not 'serious health conditions,' unless inpatient hospital care is required. Substance abuse may constitute a serious health condition.

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The Act allows employees to take intermittent leave or leave on a reduced-hours schedule in certain situations. If the leave is taken for birth, adoption or foster care, it may not be taken on an intermittent or reduced-hours basis unless the Town and the employee agree. If, however, the leave is taken to care for an ill family member or due to the employee's own serious health condition, it may be taken on an intermittent or reduced-hours basis if medically necessary. In such a situation, the employer may assign the employee to an alternative position with equivalent pay and benefits that better accommodates the employee's intermittent or reducedhours schedule. Eligible employees are allowed up to a total of 12 work-weeks of unpaid family and medical leave during a I 2-month period. The 12 month period will be computed as a rolling 12 month period measured backward from the date leave is used. Family leave to care for a newborn child or a child placed with the employee through adoption or foster care must be taken no later than the expiration of the 12-month period beginning on the date of the birth or placement. In other words, FMLA leave must be concluded within the oneyear period. A husband and wife who are employed by the Town are limited to a combined total of 12 weeks of leave for the birth or placement of a child or to care for a parent (but not a parent-In-law') with a serious health condition. However, time off for a personal serious health condition or to care for a sick child is treated separately for each spouse. When leave is foreseeable, the employee must provide the Town with at least 30-days notice of the need to take time off. If 30-days notice is not possible, the employee must give notice as soon as practicable. If the employee could have provided 30 days advance notice to the Town Clerk but did not, the Town may deny leave for 30 days after the employee provides notice. During an FMLA leave, the Town must maintain the employee's coverage under its group health plan on the same conditions as coverage would have been provided if the employee had not taken a leave of absence. The Town may require that a employee provide a medical certification supporting a leave request to care for the employee's seriously-ill spouse, child or parent, or his/her own serious health condition. See the Department of Labor's form certification attached hereto. The Town may, at its own expense, require an employee to obtain a second medical opinion. In the event of a conflict, an opinion by a third health care provider may be obtained. This individual must be selected jointly by the Town and the employee, and the opinion must be paid for the by Town. This opinion is binding on the parties. In addition, when an employee provides notice of the need for FMLA leave, the Town must provide the employee with a notice stating, among other things, (1) that the leave will be counted against his/her FMLA leave entitlement; (2) any requirements for the employee to furnish medical certification of a serious health condition; (3) paid leave will be substituted for portion of the leave in this order comp time, sick leave, vacation time; and (4) whether the permanent employee must present a physician's release to return to work.

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An employee who has taken leave for his/her serious health condition shall present to the Town Clerk a certification from the permanent employee's health care provider that the permanent employee is able to resume work. This certification should include any limitations on performance of duties the permanent employee might have. Upon return from family and medical leave, an employee shall be returned to the same position or an equivalent position. An employee need not be reinstated if the employee would not otherwise have been employed at the time the reinstatement is requested. When an employee returning from family and medical leave is not qualified or able to perform the essential functions of the position to which the permanent employee was returned, the employee shall be given a reasonable opportunity in which to become qualified or seek accommodation. When an employee returning from family and medical leave is not able to perform the essential functions of the position to which the permanent employee is returned, the employee may be disqualified. The Council may direct the Town Clerk to investigate the use of family and medical leave. Misuse of family and medical leave shall be cause for disciplinary action up to and including dismissal. SECTION 7. Jury Leave: Every employee of the Town who is called or required to serve as a trial juror shall be entitled to absent himself from his duties with the Town during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances, the employee shall be paid the difference between his full salary and any payment received by him, except travel pay, for such duty. Personal Leave: Three work days per year without pay may be granted for absence pertaining to personal business which cannot be handled during off-duty hours. Personal leave must be approved by the Department Head in advance of the day(s) off. Funeral Leave: A maximum of three days paid leave shall be granted to attend funerals of the employee's father, mother, brother, sister, son, daughter, husband, wife, grandparents, or grandchildren, or those of the permanent employee's spouse. Time off to attend the funeral of any other relative shall be without pay and at the discretion of the Department Head. While it is recognized that the request may not be made in writing, granting of such leave with or without pay must be documented by the Department Head and such documentation provided to the Town Clerk for placement in the employee personnel file. Acceptable documentation would include, but not be limited to a copy of: the newspaper article, the obituary, a death certificate, or a memorial pamphlet.

SECTION 8.

SECTION 9.

SECTION 10. Holidays: The holidays to be observe d in this Town are as follows: New Year's Eve New Year's Day Martin Luther King Day President's Day Memorial Day Labor Day Veterans Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve

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Independence Day Labor Day Christmas Day When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. It should be noted that public safety and other essential employee's may be required to be on duty on holidays. In the event a employee is required to work on any of the holidays, he/she shall be paid at the rate of time and a half.

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Rule VIII. DISCIPLINE SECTION I. Dismissals. SECTION 2. 1. 2. 3. 4. 6. 7. 8. 9. 10. 11. Disciplinary actions include: Reprimands, Suspensions, Probationary Periods, Demotions and Grounds for such actions include, but are not necessarily limited to the follow Falsification of application for employment. Chronic Absenteeism. Chronic Tardiness. Insubordination & Malingering. Loss of drivers license or of insurability, if driving is required on duty. Conviction of a crime involving moral turpitude. Incompetent in the performance of assigned duties. Prohibited political activities. Favoritism on the part of a supervisor. Discrimination on the part of a supervisor against any employee on the basis of race, color, sex, age, handicap, familial status, place of natural origin, political or religious affiliations, qualified handicap. Any action, on or off the job, tending to bring discredit to the Town. Use of alcohol or drugs on the job and/or use or abuse of alcohol or drugs while off duty which causes diminished capacity while on duty. Violation of any section of these regulations.

12. 13. 14.

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RULE IX. COMPENSATION SECTION 1. Preparation of Plan: The Town Clerk, or the person or agency employed for that purpose, shall prepare a pay plan covering all positions. The Town Clerk, or the person or agency employed for that purpose, shall thereafter make such further studies of the pay plan as may be requested by the Town Council. Adoption of Plan: The pay plan shall be adopted and may be amended from time to time by action of the Town Council. At the time of consideration, any interested party may appear and be heard. Amendments and revisions to the plan may be suggested to the Town Council by any interested party and shall be submitted to the Town Council through the Town Clerk. Travel & Expense Reimbursement: The Town will reimburse employees and officials for actual travel, accommodations and registration expenses incurred during the conduct of Town Business, training, seminars and conferences, so long as the trips/conferences/seminars have appropriate prior approval. No employee or official should realize a financial gain or loss as a result of traveling on behalf of or on approval of the Town. Approval of each conference/training for all elected officials and employees shall be by the Town Council. Inclusion of specific conferences and/or seminars in the adopted annual budget for these employees and officials shall constitute appropriate approval. Arrangements for attendance at conference/training must be made by the Town Clerk. Reimbursement will be made for such expenses upon submission of a duly approved and substantiated Travel and Expense Form. To avoid delay in processing, it is important that the form be complete and have all required expenditure receipts attached. Direct billings to the Town are acceptable only for hotel/motel accommodations and when Town provided credit cards are furnished. Town credit cards are provided for convenience and are intended for official Town business only; the credit cards are not authorized to be used for personal expenses. Travel, hotel/motel accommodations, registration and enrollment fees and some other expenses are to be paid directly for the actual cost incurred. Meals and tips are to be reimbursed on a per diem basis of $40.00 per full day required for travel and conference attendance. The employee/official may file substantiated meal and miscellaneous expenses in excess of the established per diem should they the actual minimum costs for the area traveled make the established per diem unreasonable. Approval for the higher rate must be approved by the Town Council for all employees and officials. Travel All mileage in private vehicles on job-related business, conferences or seminars is reimbursed at 0.20 per mile or as reimbursed by the responsible outside agency. Before using a private vehicle for such travel, the employees should check with his/her supervisor to be assured that Town vehicles are not available. Accommodations It is the intention of the Town that employees arid officials on authorized travel receive adequate

SECTION 2.

SECTION 3.

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but not ostentatious hotel/motel (s) for conferences and seminars which can and should be utilized. Direct billing to the Town for accommodations related to approved travel and conferences is acceptable, although a prior purchase order would expedite the billing. Likewise, a purchase order and direct billing for conference/seminar registration fees is encouraged. General Information (a) Requests for per diem may be made in advancement of travel with reconciliation made after the trip. Per diem requests will be made by Town Clerk unless extenuating circumstances make the earlier request impractical. All receipts for travel and reimbursement expenses must be attached to the Travel and Expense Form. All Travel and Expense Forms should be submitted no later than five (5) working days after return from travel. Any reconciliation between advances and monies due to employee/official will be resolved and payments due to employees will be made by check with the next regular Town payment cycle. Monies due to Town should be included with the Travel and Expense Form. Allowable Expenses Mileage expense for Town Business use of personal vehicle Telephone expense for Town business calls Lodging Parking & Toll Fees Conference/Seminar registration and/or tuition conference/related tour expenses Per diem Reimbursement (Meals - including tips) Employee's shall present receipts for Reimbursement, which have been paid by the Employee, to the Town Clerk.

(b) (c)

(d)

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RULE X. PAY ADIUSTMIENTS Pay Periods: All employee's of the Town are to be paid on an hourly basis bi-weekly.

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RULE XI. OVERTIME SECTION 1 Policy: It is the Town's policy to avoid the necessity for overtime whenever possible. Overtime work may sometime be necessary to meet emergency situations, seasonal, or peak workload requirements, and Department Heads are responsible for the advance planning required to minimize the need for overtime unless authorized. Therefore, if in the judgment of a Department Head, work beyond the normal work day or work week is required, the Department Head may authorize such work and the employee shall be credited with such overtime for each half hour's work. Overtime Accrual Limitation: No overtime credit shall be given or allowed for accruals of less than one-half hour. Fractions of overtime shall not be accumulated to total the first half hour of overtime in a pay period. Credit may be given or allowed for increments of thirty minutes or more. Overtime Compensation: Whenever any person employed by the Town is required to render overtime service, that person may be compensated for such excess time at the rate of either. A. B. SECTION 4 One and one-half times of the regular rate of pay at which such person is employed; or One and one-half hour of compensatory time off for each hour worked in lieu of cash payment.

SECTION 2

SECTION 3

Overtime Requirements: If possible, overtime or compensatory time should be taken within the pay period earned but may be taken within the calendar year of the time accrued. No more than 192 hours maybe carried forward into the next calendar year. Town Clerk Responsibility: Pursuant to the requirement of this rule, it is the responsibility of the Town Clerk to record all overtime and compensatory time accrued for the employees of the town and the Department Heads shall arrange work schedules to ensure that an employee is given full opportunity to take any accumulated compensatory time off work. Appointed Personnel: The overtime provisions of this rule shall not apply to Appointed Personnel.

SECTION 5

SECTION 6

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RULE XII. INSURANCE SECTION 1 Hospitalization Insurance: Regular, full-time employees are covered under the Town's group insurance program at no cost to the employee. The plan provides health, accident, and life insurance coverage. The employee may elect to cover dependents under this program at no cost to the employee. Workmen's Compensation Insurance: Workmen's Compensation provides medical and hospital expense benefits as well as partial payments in lieu of salary for workers injured on the job. All Town employees are covered by this form of insurance at no cost to the employee. Employees qualifying for and receiving Workmen's Compensation will continue to receive their normal rate of pay from the Town, less the amount received from Workmen's Compensation payments, to the limit of accrued vacation and sick leave. Vacation and sick leave shall not be accrued during the disability period.

SECTION 2.

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RULE XIII. RETIREMENT PLANS SECTION 1 Pension Plans: Arizona State Retirement System - All full-time permanent employees of the Town of Hayden are covered by the Arizona State Retirement System (ASRS), which is a costsharing multiple-employer public employee retirement system. The system is administered in accordance with Title 38, Chapter 5 of the Arizona Revised Statutes. The State of Arizona designates the management of the system, establishes the contribution rate for all participants and has budgetary control and thus, the system is considered a component unit of the State of Arizona. All full-time permanent employees including policemen are eligible and must participate in the ASRS. The ASRS provides for retirement, disability, health insurance premium benefits, and death and survivor benefits. Retirement benefits are calculated on the basis of age, average monthly compensation, and service credit. Members are eligible for full retirement benefits on (A) their 65th birthday, (B) their 62nd birthday and completion of ten years of total credited service, or (C) the first day immediately following the day when age plus total credited service equals 80. The benefit is based on 296 of average monthly compensation multiplied by the years of service credit. Average monthly compensation is defined as the period of 36 consecutive months during which a participant receives the highest compensation within the last 120 months of service during which the employee made retirement contributions as required by law. The compensation does not include lump sum payments on termination of employment for accumulated vacation or annual leave, sick leave, compensatory time or any other form of termination pay. Members who began participation in the ASRS prior to January 1, 1984, may choose to have average monthly compensation determined upon the period of 60 consecutive months during which the member receives the highest compensation within the last 120 months of service, including lump sum payments as described above. Persons who have reached age 50 with at least five years of total service may take an early retirement which entitles them to a reduced retirement benefit Effective July 1, 1988, members of the ASRS are eligible for a disability benefit in the event they become unable to perform their work. A participant continues to earn credit of up to a total of 25 years of service credit during the period of disability. Commencing January 1, 1989, retired and disabled members of the System and Plan with ten years of credited service who receive health insurance from their previous Plan employer or from the System's retiree group health insurance program became eligible for a health insurance premium benefit. Medicare eligible members are eligible for a payment of $65 for individual coverage and an additional payment of $50 for dependent coverage. The premium benefit for non-Medicare eligible members is $95 for individual coverage and $80 additional for dependent coverage. Members who have at least five years of credited service but less than ten years of service are eligible for a proportional payment. Upon termination of employment, a member may withdraw contributions made to the ASRS plus accrued interest. The acceptance of a refund forfeits the individual's rights and benefits in the Plan. SECTION 2: Volunteer Firemen's Relief and Pension Fund: The Town has established the Volunteer Firemen's Relief and Pension Fund (a defined contribution plan) to provide pensions for its qualified volunteer firemen. The Fund covers only the volunteer firemen and is established solely upon the provisions for such pension and relief funds in the Arizona revised Statutes. Sections therein give discretionary powers to the Board of Trustees in administering payment

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and/or non-payment of benefits to qualified retired or disabled volunteer firemen. No vested interests exist in any of the revenues of the fund other than the employees' right to his/her own contributions. Reserves for pensions, therefore, have not been established based on actuarial tables as the amounts are not vested.

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RULE XIV. PROMOTION, DEMOTION, AND SUSPENSION SECTION 1 Promotion: Insofar as consistent with the best interests of the Town, vacancies shall be filled by promotion from among the Town's Employee's. If, in the opinion of the Department Heads, with Council consent, a vacancy could be better filled by an open recruitment instead of promotion, then an arrangement for such recruitment and interview shall be prepared. Demotion: The Department Heads, with Council approval, may demote an employee whose ability to perform his required duties falls below standard, or for disciplinary purposes. Written notice of the demotion shall be given to the employee before or within three days of the effective date of the demotion. Suspension: The Department Heads may suspend an employee from his position at any time for a disciplinary purpose. Suspension without pay shall not exceed five (5) working days.

SECTION 2

SECTION 3

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RULE XV. SEPARATION FROM THE SERVICE SECTION 1 Discharge: An employee may be discharged for cause upon the recommendation of the Department Head, with Council approval. Any employee who has been discharged shall be furnished with a written statement of the reasons for such action and shall be entitled to a hearing if the employee so requests, as provided in these rules. Lay-off: The Town Council may lay off an employee, because of material change in duties or organization or shortage of work funds, in the inverse order of their relative length and quality of service. Registration: An employee wishing to leave the Employment of the Town in good standing shall file with the Town Clerk, through his Department Heads, a written resignation stating the effective date and reason for leaving at least two weeks (Managerial position preferably thirty days) before leaving this service, unless such time limit is waived by such official. Failure to give notice as required by this rule may be cause for denying future employment by the Town.

SECTION 2

SECTION 3

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RULE XVI. GRIEVANCE PROCEDURES SECTION 1 Purpose of Rule: A. B. C. SECTION 2 To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. To provide that grievances shall be settled as near as possible to the point of origin. To establish uniform policies and procedures in handling all informal employee complaints and formal employee grievances.

Definition of a Grievance: A grievance is a circumstance regarding an employment practice or action which an employee believes to be unfair and which is adversely affecting the employee's working conditions, but does not include: A. B. C. D. Policies or procedures established by the Personnel Rules Demotion, suspension or dismissal Matters such as general goals of the Town, organization of departments or other matters which are the prerogative of the Town Council. Content and Structure of the Pay Plan.

SECTION 3

Time Limit for Presenting Grievances: No grievances shall be considered if more than fifteen work days have elapsed from the date of the circumstances which gave rise to the grievance or from the date when the employee should reasonably have known of the circumstances. Informal Grievance Procedures: An employee who has a problem or complaint should first try to settle it through discussion with his immediate Department Head without undue delay. If, after this discussion, he does not believe the problem has been satisfactorily resolved, he shall have the right to discuss it with the Board Contact. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. Formal Grievance Procedures: The appeal shall be presented in writing to the employee's immediate Department Head, who shall render his decision and comments in writing and return them to the employee within (5) working days after receiving the appeal. If the employee does not agree with his supervisor's decision, or if no answer has been received within the (5) working days, the employee may appeal in writing to the Mayor. Upon receiving the appeal, the Mayor should discuss the grievance with the employee. The Mayor shall render a decision in writing to the employee within (5) working days after receiving the appeal. Failure of the employee to take further action within the (5) working days after receipt of the decision will constitute a dropping of the appeal. Such decision may be appealed to the Personnel Board by filing a written notice of such appeal with the Mayor. Upon the filing of an appeal, the Mayor shall set a date for a hearing on the appeal not less than ten (10) working days, nor more than fifteen (IS) working days, from the date of filing. The Mayor shall notify all interested parties of the date, time, and place of the hearing as the Personnel Board shall prescribe. The appellant shall appear personally, unless physically unable to do so, before the Personnel Board at the time and place of the hearing. S/he may be represented by any person (other than a

SECTION 4

SECTION 5

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Personnel Board member) or attorney as s/he may select, and may, at the hearing, produce on his/her behalf relevant oral or documentary evidence. Appellant shall state his/her case first, and the conclusion, opposition matter may then be presented. Rebuttal matter, not repetitive, may be allowed at the discretion of the Personnel Board. Cross examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Personnel Board by its Chairman, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings shall be closed unless the appellant, in writing, requests an open public hearing. The Personnel Board shall, within five (5) working days after the conclusion of the hearing, certify its findings and decision which shall be in writing to the Mayor. Failure of the employee to take further action within five (5) working days after receipt of the decision of the Personnel Board will constitute a dismissal of the formal grievance. Any employee shall have the right to appeal to the Town Council any disciplinary action or interpretation of alleged violation of these policies after first having followed the procedures outlined in Sections 3, 4 and 5. Instances where the right of appeal is specifically prohibited shall not be considered by the Town Council. Within the five (5) working day appeal period, the employee involved may file such notice of the appeal by giving written notice of appeal to the Mayor. The appeal shall be a written statement addressed to the Town Council explaining the matter appealed and setting forth therein a statement of action desired by the appealing employee, with the reasons therefore. The statement shall be signed by the appealing employee. The formality of a legal pleading is not required. The Mayor shall contact the Town Council and schedule a time for an appeal hearing before the Council. The hearing shall be not less than ten (10) working days, nor more than thirty (30) working days, from receipt by the Mayor of the employee's appeal of the Personnel Boards decision. All interested parties shall be notified in writing of the date, time, and place of the hearing at least five (5) working days prior to the hearing. Pursuant to Tide 12, Article 13, Chapter 2, A.R.S. 12-2212, the Town Council may issue subpoenas, compel attendance of witnesses and production of evidence, administer oaths and cause deposition to be taken. The subpoena shall be issued in the same manner as provided for issuance of subpoenas in the Superior Court of Arizona. Failure to comply with a subpoena issued by the Town Council shall result in a proceeding before the Superior Court of Arizona, in the same manner as if the subpoena has been initially issued by the Superior Court. The appealing employee shall appear personally, unless physically unable to do so, before the Town Council at the time and place of the hearing. The appealing employee may be represented by an, attorney or any person other than a member of the Personnel Board, Town Council or the Town staff. All hearings before the Town Council shall be closed. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct

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Evidence, but shall not be sufficient in itself to support a finding unless it would be admissible pursuant to the Arizona Rules of Evidence. The rules of privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Town Council shall not be invalidated by any informality in the proceedings, and the Town Council shall not be bound by technical rules of evidence. The Town Council shall rule on the admission or exclusion of evidence. The proceedings before the Town Council may be recorded by a court reporter or by audio or videotape, the original tape or recording, or a copy certified by the Town Council shall be a part of the record. Each party shall have these rights: To be represented by legal counsel or other person of choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues; to impeach any witness regardless of which party first called for testimony; and to rebut the evidence. If the respondent does not testify in his/her own behalf, (s)he may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. The hearing shall proceed in the following order, unless the Town Council for special reason, otherwise directs: A. B. C. D. E. F. The party imposing discipline shall be permitted to make an opening statement. The appealing parry shall be permitted to make an opening statement. The party imposing disciplinary action shall produce the evidence on his/her part. The party appealing from such disciplinary action may then open for defense and offer evidence in support thereof. The parties may then, in order, respectively offer rebutting evidence only, unless the Town Council for good reason, permits them to offer evidence upon their original case. Arguments shall be permitted at the discretion of the Town Council.

The Town Council shall determine relevancy, weight, and reliability of testimony and evidence, and shall base findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties shall be excluded from the hearing upon motion of either party. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The Town Council, prior to or during a hearing, may grant a continuance for any reason the Town Council believes to be important to reaching a fair and proper decision. The Town Council shall render findings of fact, conclusions of law, and recommended action(s) as soon after the conclusion of the hearing as possible, and in no event, later than fifteen (I 5) working days after conducting the hearing unless otherwise stipulated by the parties. The Town

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Council's decision shall set forth the findings as to each of the charges and the reasons therefore. The Town Council may sustain or reject any or all of the charges filed against the employee. The Town Council may sustain, reject, or modify the disciplinary action involved against the employee. The decision of the Town Council shall be final and binding upon both the employee and the Town of Hayden and therefore not appealable to any office or body of the Town of Hayden or to any other forum, administrative or judicial. The decision shall be filed with the employee, the Department Head, the Town Clerk, and shall set forth all the findings of fact, conclusions of law, and determination. SECTION 6. Conduct of Grievance Procedures: A. B. C. The time specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. An appeal, once dropped through action by the employee, or through failure on the employee's part to pursue the grievance, can not be reinstituted. The decision of the Town Council shall be final and binding upon both the employee and the Town of Hayden and therefore not appealable to any office or body of the Town of Hayden or to any other forum administrative or judicial. EMPLOYEE'S SHALL BE ASSURED FREEDOM FROM REPRISAL FOR USING THE GRIEVANCE PROCEDURES.

D.

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RULE XVII. TRAINING OF EMPLOYEES SECTION 1 Responsibility for Training: The Town Council encourages the training of employee's. Responsibility for developing training programs for employees shall be assumed jointly by the Town Clerk and Department Heads. Such training programs may include lecture courses, demonstrations, assignments of reading matter, or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employee's in the performance of their respective duties. Credit for Training: Participation in and successful completion of special training courses including college extensions or correspondence courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the Town Clerk.

SECTION 2

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RULE XVIII. REPORTS AND RECORDS SECTION 1 Roster Cards: The Town Clerk shall maintain a roster card for each employee of the Town showing the name, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent. If the employee moves or changes marital status, number of dependents, telephone number or name, the employee should contact his immediate supervisor or the Town Clerk at once. It is important that records in the Town Clerk's office be accurate at all times. SECTION 2 Employee Records: It is the policy of the Town of Hayden to keep employee personnel records confidential in the best interest of each employee. Employee records that are considered to be public records are available to anyone with a written request to the Town Clerk. These records include such information as an employee's name, date of hire, present rate of pay and duties performed. Information obtained for business use should not be generally accessible to everyone. Employee personnel records maintained by the Town should be accessible to the following. A. B. Town personnel as specifically designated in writing by the Town Clerk to have a need for such information. The employee for review of his or her own individual personnel file. This should be by pre-arranged time and would not indude removing records from the office or making copies of any records. Personnel records that are subpoenaed. Any person or organization that receives a signed written release statement from the employee whose records are in question.

C. D.

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RULE XIX. AFFIRMATIVE ACTION For the purpose of the Town of Hayden, an affirmative action program shall mean analyzing the methods, procedures and results of the personnel actions to determine whether otherwise qualified workers have been excluded for reasons of race, religion, age, sex, color or national origin. In doing so, it means taking every appropriate corrective action to bring about equal opportunity in employment. Responsibilities: The Town of Hayden shall initiate the following responsibilities necessary to facilitate implementation of the affirmative action program. A. B. C. D. The Town Clerk shall review all rules and regulations of the Town's personnel system so as to detect any illegal or improper impediments to the employment or advancement of minority groups and women. Review and evaluate operations periodically and obtain reports as necessary to determine the overall status of the Town's equal employment program. Promote the grievance procedure in these rules and regulations which provide for promptness, fairness, and impartial consideration of the complaint of discrimination. As such time in such ways, as are practical, inform the general public, minority group organization and women organization of the equal employment policy and program effort.

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RULE XX. DRUG-FREE WORK PLACE Drug and alcohol abuse can cause potential safety and security problems in the work place.. It is the intent of the Town to provide a drug-free, healthful, safe and secure work environment and to comply with the requirements of the Drug-Free Workplace Act of 1988. Employees who use illegal drugs or abuse other controlled substances or alcohol, on or off duty, tend to be less productive, less reliable, and prone to greater absenteeism resulting in the potential for increased cost, delay and risk in the Town's business. Employees are expected to report to work in an appropriate mental and physical condition for work. The Town of Hayden prohibits: I) the manufacture, distribution, dispensation, possession, sale or use of alcohol, drugs, controlled substances, or drug paraphernalia while on duty, in a Town supplied vehicle or in the workplace; 2) the storing of any illegal drugs, drug paraphernalia, or controlled substance whose use is unauthorized in a locker, desk, automobile, or other repository on the Town premises; (I and 2: Exceptions are noted where the Police Department has the right to store within their property evidence room evidence which has been confiscated and transported.) 3) use of alcohol off agency premises that adversely affects the employee's work performance, his/her own or others' safety at work, or the Town's regard or reputation in the community; and 4) switching or adulterating urine or blood test samples. Employees undergoing prescribed medical treatment with any drug which may alter their behavior or physical or mental ability must report this treatment to the Town Clerk (confidential). Employees must keep all prescribed medicine in its original container, which identifies the drug, date of prescription, and prescribing doctor. , The Town requires any employee or potential employee to pass a blood and/or urine test as a condition of employment. The Town will bear the cost of such tests. Employees must be tested within five days of their receipt of written notice requiring the test. An employee who tests positive for alcohol and/or drugs as a result of such a test will be in violation of this policy. Any employee who violates the Town's Drug-Free Work Place Policy, which includes refusing to submit to a drug test or failure to notify the Town of any arrest or conviction under any criminal drug statute within five (5) days of the arrest or conviction, is subject to disciplinary action unless he/she satisfactorily participates in an approved drug rehabilitation program. The Town recognizes that substance abuse is a medical problem which can be successfully treated. As a condition of employment, every employee must abide by the terms of this policy. The Town has established a drug-free awareness program to inform employees about its policies and the dangers of drug-abuse in the workplace. Information about drug counselling and rehabilitation is available from the Town Clerk.

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RULE XXI. CALL-OUT PROCEDURES Contact should be made to at least one of the following, in the event of an emergency situation outside regular working hours: Gila County Dispatch Office, Hayden Substation Police Chief Public Works Director In an emergency, primary call-out personnel will be responsible for coordinating with local police, fire, hospital, employees and/or other appropriate authorities as deemed necessary. Other various positions may be designated through their job descriptions as emergency response positions and will be a condition of employment. Employees in those positions will be kept on a Secondary Emergency CallOut list. Employees who are called out in an emergency situation will be compensated for their time in accordance with Rule IX. The Police Department has been provided with a primary and secondary emergency response list of names and phone numbers.

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RULE XXII. SEXUAL HARASSMENT Discrimination in terms and conditions of employment based on sex, race, color, religion, national origin, age or handicap is not permitted. Sexual harassment is also specifically prohibited and subject to disciplinary action. No employee should be subjected to unsolicited and unwelcome conduct of a sexual nature which offends, intimidates, threatens, or interferes with that employee's ability to perform their job. Any employee subject to or aware of such impermissible and unlawful discrimination or harassment in the work place should report the incident immediately to their supervisor, and appropriate action will be taken to investigate. Retaliation against any employee who reports harassment or discrimination may also lead to disciplinary action. Sexual harassment is any unwelcome words or actions of a sexual nature. Sexual harassment can be: a man harassing a woman a woman harassing a woman a woman harassing a man a man harassing a man

Sexual harassment affects everyone. For employers, it can result in: lower productivity and morale increased costs for hiring and training new employees high legal costs and fines, and poor public image

For employees, it can result in: emotional and physical stress less effective job performance personal and financial problems

Federal law says that sexual harassment is a form of sex discrimination, according to Title VII of the Civil Rights Act of 1964, as amended; and illegal, according to the 1980 guidelines of the Equal Employment Opportunity Commission. In general, the law says that any unwelcome sexual conduct or attention is sexual harassment IF: * your job depends on your response, OR raises or promotions depend on your response, OR your work performance is affected Sexual harassment may be verbal, nonverbal, and/or physical. It depends on how the person being harassed is affected - not the harasser's intent. So, if words or actions are unwelcome or offensive, uncomfortable or threatening, affect job performance, it's probably sexual harassment. And, 'giving in does not necessarily mean the conduct is welcome.

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RULE XXIII. CONFLICT OF INTEREST It is the Town of Hayden's policy that employees at all levels be free from any interest, influence or relationship that might conflict or appear to conflict with the best interests of the Town. The existence of an actual or potential conflict of interest depends on specific facts. In any uncertain situation, the employee should protect himself/herself by immediately discussing the matter fully and frankly with his/her supervisor. Where there is any further doubt concerning a conflict, the specific facts should be noted in writing and sent to the Mayor for resolution. The continuing requirement to disclose serves to inform the Town and, at the same time, protects the employee from the harmful effects of any subsequent revelation of activities, associations or interests which might constitute a prohibited conflict of interest. A conflict of interest is defined in accordance with the provision of ARS 3E3-501 ef. seq., and the provisions thereof shall control and be applicable to any and all employees covered by these policies and procedures.

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RULE XXIV. CODE OF ETHICS SECTION 1: Definitions: For the purpose of this Chapter, the following terms, words, phrases and their derivations shall have the meanings given herein: A. B. ELECTED OFFICIAL The term 'Elected Official' shall include all persons elected or appointed to elective office of the Town. APPOINTED OFFICIAL The term Appointed Official shall include all persons appointed by the Mayor and Council or by any other official of the Town to hold any office or commission of the Town, with or without compensation.

SECTION 2

Declaration of Policy: The proper operation of democratic government requires that public officials and employees be independent, impartial and responsible to the people, that government decisions and policy be made in the proper channels of the government structure, that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Ethics for all officers and employees, whether elected of appointed, paid or unpaid. The purpose of the code is to establish ethical standards of conduct for all such officials and employees by setting forth those acts or actions that are incompatible with the best interests of the Town and by directing disclosure by such officials and employees of private financial or other interests in matters affecting the Town. The provisions and purpose of this Code and such rules and regulations as may be established are hereby declared to be in the best interests of the Town.

SECTION 3

Informing Effected Persons: All persons holding elective or appointive offices and those employed by the Town shall be provided a copy of this Rule and be required to sign a receipt thereof. Any person seeking employment, appointment or election to an office of the Town shall be provided a copy of this Rule and sign a receipt thereof, prior to the election, appointment or selection for employment as applicable. A. B. Persons seeking election to an office of the Town shall sign a such receipt at the time of submitting his/her Nominating Petition to the Town Cerk. Appointed officials or those seeking employment with the Town shall sign such a receipt prior to the first working day after being accepted.

SECTION 4

Responsibilities of Public Office: Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of the State of Arizona to carry out impartially the law of the nation, state and municipality and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal consideration, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach. Dedicated Service: All officials and employees of the Town should be loyal to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rules of work and performance established as the standard for their positions by the appropriate authority.

SECTION 5

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Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of their work. SECTION 6 Fair and Equal Treatment: It is the responsibility of public officials as a public trust to see that all persons receive fair and equal treatment. Such fair and equal treatment should include, but not be limited to: A. Interest in Appointment: Canvassing of members of the Council directly or indirectly in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the Council. Use of Public Property: No official or employee shall request or permit the use of Town owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business. Obligations to Citizens: No official or employee shall grant special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.

B.

C.

SECTION 7

Conflict of Interest: No councilperson or other official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is compatible with the proper discharge of his/her official duties in the public interest or would tend to impair his independence of judgment or action in the performance of his/her official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or dose business or political association, A. Incompatible Employment: No Councilperson or other official or employee shall engage in or accent private employment or render services for private interests when such employment of service is incompatible with the proper discharge of his official duties or would tend to impair his independence or judgment or action in the performance of his/her official duties. Disclosure of Confidential Information: No Councilperson or other official or employee shall without proper legal authorization disclose confidential information concerning the property, government or affairs of the Town nor shall s/he use information to advance the financial or other private interests of himself/herself or others. Gifts and Favors: No Councilperson or other official or employee shall accept any valuable gift whether in the form of service, loan, thing or promise from any person which to his/her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the Town. Nor shall any such official or employee (1) Accept any gift, favor or thing of value that may tend to influence him/her in the discharge of his/her duties, or (2) Grant in the discharge of his/her duties any improper favor, service or thing of value. Representing Private Interest Before Town Agencies or Courts: No Councilperson or other official or employee whose salary is or has been paid in whole or in part by the

B.

C.

D.

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Town shall appear in behalf of private interests before any agency of the Town. S/He shall not represent private interests in any action or proceedings against the interest of the Town in any litigation to which the Town is a party. A Councilperson may appear before Town agencies on behalf of constituents in the course of his/her duties as a representative of the electorate or in the performance of public or civic obligations. However, no Councilperson or other official or employee shall accept a retainer or compensation that is contingent upon a specific action. E. Contracts with the Town: Any Councilperson or other official or employee who has a substantial or controlling financial interest in any business entity, transaction or contract with the Town or in the sale of real estate materials, supplies or services to the Town shall make known to the proper authority such interest in any matter on which s/he may be called to act in his/her official capacity. S/He shall refrain from voting upon or otherwise participating in the transaction or the making of such contract or sale. A Councilperson or other official or employee shall not be deemed interested in any contract or purchase or sale of land or other thing of value unless such contract or sale is approved, awarded, entered into or authorized by him/her in his/her official capacity. F. Disclosure of Interest in Legislation: A Councilperson who has a financial or other private interest in any legislation shall disclose on the records of the Council or other appropriate authority the nature and extent of such interest. This provision shall not apply if the Councilperson disqualifies himself/herself from voting. Any other official or employee who has a financial or other private interest, and who participates in discussion with or gives an official opinion to the Council shall disclose on the records of the Council or other appropriate authority the nature and extent of such interest: SECTION 8. Legal Advice and Assistance: The Town Attorney shall be responsible for providing advice and assistance to officials and employees of the Town on all matters relating to conflicts of interest or involved in a conflict of interest. S/He shall refer the person (employee or official) to another attorney pre-designated with the approval of the Mayor and Council for handling these matters. Each case shall be documented fully and shall contain a recommended course of action. Political Activity: No appointive official or employee in the Town service shall use the prestige of his/her position in behalf of any political party. No appointive official or employee of the Town service shall orally, by letter or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or contribution to any political party nor shall s/he be a party to such solicitation by others. Such appointive officials and employees shall not take an active part in political campaign for candidates. No official or employee, whether elected of appointed, shall promise an appointment to any Town position as a reward for any political activity. SECTION 10 Code of Conduct: Elected and appointed officials of the Town and Town employees shall exercise courtesy and tact in dealings among themselves and with the public. Such interaction among personnel shall be conducted with a sense of honor, respect and fairness at all times.

SECTION 9

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A. Supervisors shall treat all employees under their supervision in a fair and equitable manner to avoid discrimination or favoritism and to conduct operations in a manner which will show proper regard for the dignity of their subordinates. Supervisors will not require subordinates to render any personal service to the supervisor which is not connected with official duties.

B. SECTION 11

Sanctions: Violations of this Code by an elected official in the Town shall be reviewed by a majority of the elected Councilpersons who may take appropriate action as they deem necessary. Any Councilperson may request that such a review be held. Violation of this Code by appointed officials shall be subject to review and appropriate action by the Mayor with the approval of the Council. The Mayor shall determine when such a review is necessary.

TOWN OF HAYDEN
PERSONNEL POLICY
RULE XXV. 504/ADA EMPLOYMENT POLICY It is the policy and practice of the Town of Hayden to comply fully with the Americans with Disabilities Act and 504 of the Rehabilitation Act of 1973, as Amended to ensure equal opportunity in employment for all qualified persons with disabilities. The Town is committed to ensuring non-discrimination in all terms, conditions and privileges of employment. All employment practices and activities, whether provided or conducted by the Town or another entity on the Town's behalf, will be conducted on a nondiscriminatory basis. Recruiting, advertising and job application procedures have been reviewed and provided persons with disabilities meaningful employment opportunities. Upon request, applications are available in alternative formats, as is assistance in completing the application. Pre-employment inquiries are made only regarding an applicant's ability to perform the duties of the position, not on any disability. Pre-employment physical examinations are required only for those positions in which there is boriafide jobrelated physical requirement, and are given to all persons entering the position only after conditional job offers. Medical records will be kept separate and confidential. Reasonable accommodation is available to all employees and applicants. Work sites will be accessible. All employment decisions are based on the merits of the situation in accordance with defined criteria, not the disability of the individual. Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as in job assignments, classification, organizational structures, position descriptions, lines of progression and seniority lists. Leave of all types will be available to all employees on an equal basis. All fringe benefits, whether provided or administered directly by the Town or another entity on the Town's behalf, must be accessible to persons with disabilities. Training, apprenticeship programs, conferences, professional meetings, as well as financial support and leave for them will be available to all employees. Recreational and social activities sponsored by the Town will be accessible to all employees. The Town is also committed to not discriminating against any qualified employee or applicant because he/she is related to or associated with a person with a disability. The Town will follow any state or local law that provides individuals with disabilities greater protection than the Americans with Disabilities Act. The Town is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the Americans with Disabilities Act and all other applicable federal, state and local laws.